The Ohio Democrat. (Logan, O. [Ohio]) 1886-1906, 1887-01-08
REPEALED AT LAST.
The rcnure-of-Ofice Act, Ono Of tho Re
mains OF Republican Abuses, Stricken
from tho Statute Books.

uout pttioh W thtt bONN
which has extended over period of
nearly twenty years. Under that law
the power of removal was taken from
the President and lodged in the Senate,
and though the act has not been at all
Zines enforced it has served at inter-
walls as refuge for the feudal lords of
the Senate when they saw fit to set |
themselves up as a superior to the
Chief Magistrate.
This act was passed in 1867 by a
Congress containing Republican ma
| jority of more than two-thirds and was
designed to keep in Office the Rcpub-
licans of whom Andrew johnson
sought to rid himself. Johnson's
break with his party, which had hardly
yet become warm in the offices, pre-
cipitated factional quarrel of uncx-
ampled bitterness. His policy was not
the policy of the great party chiefs who
not long before had doubted the wis
dom of re-electing Lincoln, lest he, too,
might develop ideas not in harmony
with those of the more extreme
members of his party, and to pre-
vent his carrying it out all the en-
ergies of.the organization were direct
ed. The possession of the offices being
as important matter in the estima-
ton of the various leaders as any other,
they passed the Tenure-of-O Office act in
1867, for the purpose of depriving the
President of the power of making
changes in Offices without the consent
of the Senate. As it stood originally
this act practically took from the Pres
ident his constitutional powers and
lodged them in the Senate. Without
its consent he could not even remove
an official who was incompetent, cor
rupt or neglectful. Except by its per-
mission he could not change his own
Cabinet. 1t was intended to shackle
an executive officer who could not 9TH
erwise be controlled. If he would not
obey the wishes of the party which had
elected him that party, having abso-
lutte control of both branches of Con-
gress, would deprive him of the ability
to execute the office which had been
conferred upon him. Mr.. johnson
vetoed the act, but it became law by
the two-thirds vote of u partisan Con-
gress, and thus the usurpation began.
For the violation of this law Mr..
johnson was impeached, and in its
support a great party, mindful only of
partisan advantage and the spoils OF
office, fixed in American history page
as dark as any that is to be found there.
But for the removal by Mr.. johnson OF
Secretary of War Stanton and the ap-
pointment of General Lorenzo Thomas
as Secretary ad interim it is not likely
,, that the impeachment proceedings
, would have been undertaken. Every
thing else depended upon the mainte.
, nance of these charges, and as they
) failed all else failed. The fury
| of party-might be depended upor
3 to pass laws overriding the con
5 stitution and degrading the Pres
idential Office to the level of {
senatorial appendage, but when it wa.
I proposed as penalty for the violation
8 of such laws to depose the Presiden
: and put in his place chieftain wh'
could have no legal right to the place
r there was revolt on the part of severa
Q Senators of conscience and ability, an(
y the country was spared the crownins
= infamy of witnessing the disposition o
| ia Chief Magistrate whose principa
: offense had been the observance of hi
: oath to support the constitution ant
r transmit his Office unimpajred to hi
= successors.
Q Immediately on the Inauguration o
t General Grant the party necessity of ;
r Tenure-of-O Office act disappeared. Boil
n houses of Congress were Republican
' as was the Executive Department, ant
one of the first acts of the House O
n Representatives was to pass bill re
q pealing the laws which had been passed
9 for the purpose of shackling johnson
n But the Senate, having tasted blood
n was not prepared thus early to relin
quish the power which it had usurped
d 1t failed to act on the House bill. Ii
!. his first message President Grant, wht
i in Johnson's day had supported tn
!. Tenure-of-Off bill, attacked it in un
v measured terms, saying that "it wa
a incompatible with faithful and eff
: cient administration of the Govern
n ment." Later on the House one
o again passed bill repeating the act
n this time voting more than six to on
Il in favor of its annulment. The Senat
a again refused to concur. 1t had gaine'
the upper hand of the President, and i
v was not willing to retreat from its posi-
IS ton. Forty years before this Web
Is ster, Clay and Calhoun had Tough
v the same battle with Andrey
Jackson and had failed. Th
a advantage gained rs against johnson
=. was not to be abandoned without
"a struggle. The law might be permitte'
10 to fall into abeyance during the ad
- ministration of friendly President
:. but it was argued that it should STAN
- and be revived as occasion might wal
- rant. Under it Senators were mad
IL the dictators of Federal patronage
Il The President was helpless, unless h
=. could make sure of their support. Gen
i eral Grant had way of dealing wit
men which soon convinced some mem
= bers of the Senate that it would
more profitable to them to fall in wit
10 him than to undertake to fight him
~ and, after some caucusing, the Senate
~ in 1869, passed bill so amending tn
!, Tenure-of-O Office act as to repeal tn
=, section against which most complain
- had been made Asamended the In,